Jump to content
zeeshan123

can he revoke his wifes GC

By zeeshan123 in Effects of Major Family Changes on Immigration Benefits

 Share

25 posts in this topic

Recommended Posts

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

we r not very sure but she applied for replacement green card before leaving.

besides she must have stamp in her passport that is good for a year.

As stated above - there is nothing you can do - if her passport is stamped, she has a valid entry visa/Temp GC.

If you suspect fraud, contact ICE and let them deal with it.

You would also be looking to divorce this person.

Other than that - there is not much you can do.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Link to comment
Share on other sites
Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Duplicate threads on the same topic has been merged.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Link to comment
Share on other sites
Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted

Either your wife is incredibly stupid, or she is incredibly smart.

Let's take a step back and look at the situation more closely.

You are married to an Indian national. She got her IR-1 visa and entered the US. Upon entering, she automatically qualified for the 10-year Green Card, as you guys have been married for more than 2 years by the time she arrived in the US.

USCIS mailed her 10-year GC to your house, as that was the address you and she used for the entire immigration process.

Am I on the right track so far?

Now . . . if you look at the envelope from USCIS, or the top portion of the GC mailer, is your name on there or just your wife's name?

If your name is on there, you could return the card to USCIS with a note stating that your wife does not live there, never has.

If only your wife's name is on there, you cannot return it, as you would incriminate yourself for tampering with US mail. You had no right to open the envelope, and you had no right to proceed with anything once you opened it.

What your wife can do (if she's incredibly smart), is file the I-90 for a replacement card and have it send to another address, perhaps a friend's house. The friend will then mail it to her to India and she enters the US again with the new card.

Keep in mind, with a 10-year card, she is a lawful permanent resident, and she will have no problems unless you can PROVE, yes PROVE, that she committed fraud. Pure allegations won't do.

One thing you can do is file for divorce, however. It may be the only thing you can do, who knows, but it's a start. Keep in mind that you will have to serve your wife.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Link to comment
Share on other sites
Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

Without her green card how is she planning on entering the US?

She got a stamp on first entry, gives 1 year of transit back n forth.

She could also take the passport and visa with the stamp , with a birth certificate, to local SSA office and get a SSN card. NOT NEED actual green card to do this. This is the same for CR-1 and IR-1.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Link to comment
Share on other sites
zeeshan123 Rookie

zeeshan123   1

Posted
Filed: Timeline
  • Author
Posted

@ JUST BOB

what can be used as PROOF against her? he has emailed her a dozen times,

begging her to come stay with him. but she only replied that she is

looking for job(teaching job) and will come to see him soon.

could these emails be used as PROOF?

any other thing that can be used as proof?

Link to comment
Share on other sites
Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

You must realize that the 'IR-1' tag on her visa makes this 'a different beast' for most of us, myself included. Suggest that yer friend call ICE (# below, in the fine print) and get some advice from ICE about his position. Seriously !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Link to comment
Share on other sites
Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted

@ JUST BOB

what can be used as PROOF against her? he has emailed her a dozen times,

begging her to come stay with him. but she only replied that she is

looking for job(teaching job) and will come to see him soon.

could these emails be used as PROOF?

any other thing that can be used as proof?

I don't know. Maybe.

Your friend will have to really make a case presentation, then forward it to USCIS and hope that they will find it important enough to follow up on it. I tell you upfront, it's not a top priority of them to prosecute permanent residents because of allegations coming from a disgruntled spouse. If she had a 2-year card and had to remove conditions, he could kill her, but this way it's a long shot at best.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Link to comment
Share on other sites
JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

I agree with Bob and Darnell. The conditional green card was established to provide a period during which USCIS had the discretion to determine if the relationship was sincere, or primarily for the purpose of immigration. That discretion pretty much ends when the 10 year green card is issued. Since your friend's wife entered with an IR1, USCIS never had much discretion to begin with. The marriage had already lasted long enough that they are required to conclude that it's sincere, and not for the purpose of immigration. The only way USCIS could retract this and revoke the green card is if they had evidence that would stand up in court that fraud was used to obtain the green card. This would have to be strong evidence of fraudulent intent before the 10 year green card was issued. It sounds like your friend only has evidence of her behavior after she entered the US. This doesn't prove much more than that the marriage is falling apart.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Link to comment
Share on other sites
Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Personal attacks are a violation of the Terms of Service for Visa Journey. Post containing personal attacks has been removed.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...